9 AAC 05.040 - Availability of advertised merchandise
(a) It is an unfair
or deceptive act or practice for any seller to advertise merchandise for sale
at a stated price, if the seller
(1) does not
have the merchandise readily available at or below the advertised price in
quantities normally sufficient to meet a reasonably expected public demand
during the effective period of the advertised price, unless the seller is able
to demonstrate that it ordered sufficient quantities of the advertised
merchandise in adequate time for delivery; or
(2) fails to disclose in the advertisement
all reasonably foreseeable exceptions, limitations and restrictions with
respect to the availability of the merchandise, including but not limited to
quantities of advertised merchandise available, quantities of advertised
merchandise which may be purchased by an individual consumer, limitations on
availability at individual stores in a chain, and limitations as to the length
of the sale; or
(3) uses any text,
statements, illustrations, drawings, or photographs in advertisements which do
not fairly describe or depict or which are not representative of the advertised
merchandise.
(b) It is
an unfair or deceptive act or practice for any seller to advertise merchandise
when the merchandise is not immediately available in the trade area unless the
advertisement discloses that the item is not available in the trade area and,
if not available, that shipping and handling costs are extra if they are not
included in the price advertised. A catalog which gives tables for calculating
shipping and handling costs meets the requirements of this section.
Notes
Authority:AS 45.50.471
AS 45.50.491
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